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Posts in the Criminal Law category:

MCL 257.709(1)(a) provides that a person shall not operate a motor vehicle with [a] sign, poster, nontransparent material, window application, reflective film, or nonreflective film upon or in the front windshield, the side windows immediately adjacent to the driver or front passenger

The Michigan Medical Marihuana Act (MMMA), provides very limited circumstances in which persons involved with the use of marijuana, may avoid criminal liability. Accomplices to crimes may be prosecuted under an aiding and abetting theory.

This case presents the question of whether a warrant is required for a police officer, not investigating any wrongdoing, to open the passenger door of a parked truck to ask whether the sleeping occupant of the truck would be able to drive the occupant’s intoxicated girlfriend home.

The Michigan Supreme Court found that defendant's private driveway was an area generally accessible to motor vehicles. Because defendant allegedly operated a motor vehicle in his driveway while intoxicated, this was probable cause for OWI.

The marijuana was found in his car’s trunk during a search that followed from a police dog alerting to the marijuana’s smell. Defendant argues that the trial court erred in finding that the search did not violate his rights under the Fourth Amendment.

Being stopped by the police is not usually a pleasant experience. Even with the most benign of infractions, the encounter can be adversarial. Indeed, the notion of authority can lead to citizens doing things that they are not required to do out of...

Defendant appeals as of right his conviction, following a jury trial, of possession with intent to deliver marijuana. Defendant first contends that the trial court erred in excluding evidence relating to his debilitating medical condition, as well...

Most of us dread the sight of flashing emergency lights behind us, signaling us to pull over. This generally means that a citation is imminent. But in some situations, law enforcement may want to take things a step further and ask us to “exit...

The defendant argued that the court erred because Officer's stop of his vehicle violated the Fourth Amendment. Officer pulled defendant over, and when he approached the vehicle, he smelled alcohol and saw that defendant's eyes were glassy...

If you have been convicted of a crime, have served your sentence, and have followed all court recommendations, you should be able to put your past behind you and move on with life. Moving forward is critical given the stigma against...

If you have been charged with a crime, it is essential to know how strong the government’s case is against you. Indeed, you may think the state has a flimsy case and has a snowball’s chance to prove you guilty beyond a reasonable doubt,...

Defendant was arrested after being found intoxicated in the parking lot of an apartment building in Michigan. The Public Safety Sergeant responded to the scene. After conducting an investigation and speaking to witnesses, Safety Sergeant concluded...

If you have been arrested and are being held on the suspicion that you have committed a particular crime, chances are that the only thing you are thinking about is getting out of jail as soon as possible and proving your innocence. Under state and...

In order to convict defendant of operating while intoxicated under MCL 257.625(1), the prosecution must prove beyond a reasonable doubt that:(1) the defendant operated a motor vehicle(2) on a highway or other place open to the general public or...

Defendant pleaded no contest to OWI, third offense, and operating without a valid license.The trial court sentenced him to 3 years' probation, with 60 days to be served in jail and 1 year of SCRAM tether. Among the conditions of his probation were...

When potential clients ask us questions about criminal defense representation (particularly for drunk driving offenses) one of the most common is whether they will lose their job. Naturally, this depends on a number of factors, including how much...

Defendant was convicted of possession with intent to deliver 45 kilograms or more of marijuana. He challenged the trial court's denial of his motion to suppress. Defendant argued that the Trooper did not have a reasonable suspicion for the initial...

The court held that because MCL 750.474 (illegal transportation of marijuana) is not part of the MMMA (Michigan Medical Marijuana Act), the defendant, as a compliant medical marijuana patient, could not be prosecuted for violating it.Illegal...

Court affirms that speeding and running red lights constitutes reckless driving and indicates willful and wanton disregard for the safety of persons or property.Defendant was convicted of reckless driving causing death and serious impairment of a...

Defendant was convicted of OWI causing death and sentenced to one year in the county jail for killing a bicyclist with his car. The prosecution argued that the trial court erred in imposing an unreasonable sentence of a year in the county jail...

After being arrested during a traffic stop, defendant-Calvetti signed her Miranda warnings, acknowledging that she knew her rights and indicating that she "did not want to answer questions." She argued that the DEA agent's continued questioning...

He argued that the court should "dispense with" the Strickland prejudice inquiry and "presume prejudice" under Cronic, which provides an exception to a prejudice inquiry "where 'the likelihood that any lawyer, even a fully competent one, could...

It also held that the trial court did not err in refusing to suppress the evidence merely because the affidavit did not establish that defendant was not entitled to the immunity defense. He was convicted of possession with intent to deliver...

The basis of his conviction was the seizure of hundreds of GM knockdown containers from his warehouse. He argued that there was no evidence that the containers were stolen because "(1) 52 of the containers recovered were provided by GM and (2)...

C stopped the car defendant was driving because it did not have a metal registration plate. When he pulled the car over, he saw a piece of paper on the left side of the rear window, but he could not read it. Asked to produce his identification,...

He was convicted of racketeering, armed robbery, five counts of felon in possession, five counts of felony-firearm, and four counts of bank robbery, arising out of a series of armed robberies. The trial court sentenced him as a fourth habitual...

He was sentenced as a fourth habitual offender to 3 to 6 years' imprisonment for Operating a vehicle While Intoxicated third offense and a concurrent term of 6 months' imprisonment for driving while license suspended. Defendant conceded that the...

Defendant-Sawyer was prosecuted for failure to comply with the NESHAP for asbestos when salvaging a former industrial site. The court first determined that he waived his right to appeal his sentence under the terms of his plea agreement; thus, it...

He was convicted of second-degree murder, Felon In Possession, and felony-firearm. He argued that his confession was not voluntary and thus, was inadmissible. However, the court disagreed. Defendant told the officers that he was 25 years old and...

She was convicted of possession with intent to deliver less than 50 grams of cocaine, possession of morphine, and two counts of felony-firearm. The trial court denied her motion to quash the search warrant, suppress the evidence seized, and dismiss...

The plaintiff-ex-wife filed a motion to hold defendant in contempt for violating the mutual restraining order by emailing a bank in India, which managed the account plaintiff used to pay her employees, directing it to stop "any kind of outgoing...

Thus, it affirmed the trial court's orders denying their motions to dismiss and preventing them from raising the defense. The trial court found Bylsma "failed to establish that he was entitled to immunity under § 4, and because his entitlement to...

He was convicted of possession with intent to deliver less than five kilograms of marijuana, and felony-firearm. The court rejected his argument that the jury's verdicts were against the great weight of the evidence. As for his possession with...